DENVER (AP) — Prosecutors in the Colorado theater massacre case have rejected an offer from suspect James Holmes to plead guilty in exchange for avoiding the death penalty, saying the proposal can’t be considered genuine because the defense has repeatedly refused to give them information needed to evaluate it.

No plea agreement exists, prosecutors said in a scathing court document Thursday, and one “is extremely unlikely based on the present information available to the prosecution.”

They also said anyone reading news stories about the offer would inevitably conclude “the defendant knows that he is guilty, the defense attorneys know that he is guilty, and that both of them know that he was not criminally insane.”

Holmes is charged with multiple counts of murder and attempted murder in the July 20 shootings in a packed theater in the Denver suburb of Aurora. Twelve people were killed and 70 were injured.

Holmes’ attorneys disclosed in a court filing Wednesday that their client has offered to plead guilty, but only if he wouldn’t be executed.

Prosecutors criticized defense attorneys for publicizing the offer, calling it a ploy meant to draw the public and the judge into what should be private plea negotiations.

Prosecutors did not say what information the defense refused to give them, but the two sides have argued in court previously about access to information about Holmes’ mental health.

Karen Steinhauser, a former prosecutor who is now an adjunct professor at the University of Denver’s law school, said prosecutors clearly do not want to agree to a plea deal without knowing whether Holmes’ attorneys could mount a strong mental health defense.

“One of the issues the prosecution needs to look at is, is there a likelihood that doctors, and then a jury, could find that James Holmes was insane at the time of the crime?” she said.

Prosecutors also criticized comments to The Associated Press by Doug Wilson, who heads the state public defenders’ office.

Wilson told the AP Wednesday that prosecutors had not responded to the offer and said he didn’t know whether prosecutors had relayed the offer to any victims as required by state law.

Prosecutors said that violated the gag order.

They also said they have repeatedly contacted “every known victim and family member of a victim — numbering over one thousand” about possible resolutions of the case, including the death penalty and life in prison without parole.

George Brauchler, the Arapahoe County district attorney, is scheduled to announce Monday whether he will seek the death penalty for Holmes. He has refused repeatedly to comment on the case, citing the gag order.

Pierce O’Farrill, who was shot three times, said he would welcome an agreement that would imprison Holmes for life. The years of court struggles ahead would likely be an emotional ordeal for victims, he said.

“I don’t see his death bringing me peace,” O’Farrill said. “To me, my prayer for him was that he would spend the rest of his life in prison and hopefully, in all those years he has left, he could find God and ask for forgiveness himself.”

A plea bargain would bring finality to the case fairly early so victims and their families can avoid the prolonged trauma of not knowing what will happen, said Dan Recht, a past president of the Colorado Criminal Defense Bar.

“The defense, by making this public pleading, is reaching out to the victims’ families,” he said.

Featured Slide Shows

Share on Twitter

Share on Facebook

1
of
14

Close

Fullscreen

Thumbnails

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and Adam, "Pilot"

One of our first exposures to uncomfortable “Girls” sex comes early, in the pilot episode, when Hannah and Adam “get feisty” (a phrase Hannah hates) on the couch. The pair is about to go at it doggy-style when Adam nearly inserts his penis in “the wrong hole,” and after Hannah corrects him, she awkwardly explains her lack of desire to have anal sex in too many words. “Hey, let’s play the quiet game,” Adam says, thrusting. And so the romance begins.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Marnie and Elijah, "It's About Time"

In an act of “betrayal” that messes up each of their relationships with Hannah, Marnie and Elijah open Season 2 with some more couch sex, which is almost unbearable to watch. Elijah, who is trying to explore the “hetero side” of his bisexuality, can’t maintain his erection, and the entire affair ends in very uncomfortable silence.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Marnie and Charlie, "Vagina Panic"

Poor Charlie. While he and Marnie have their fair share of uncomfortable sex over the course of their relationship, one of the saddest moments (aside from Marnie breaking up with him during intercourse) is when Marnie encourages him to penetrate her from behind so she doesn’t have to look at him. “This feels so good,” Charlie says. “We have to go slow.” Poor sucker.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Shoshanna and camp friend Matt, "Hannah's Diary"

We’d be remiss not to mention Shoshanna’s effort to lose her virginity to an old camp friend, who tells her how “weird” it is that he “loves to eat pussy” moments before she admits she’s never “done it” before. At least it paves the way for the uncomfortable sex we later get to watch her have with Ray?

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and Adam, "Hard Being Easy"

On the heels of trying (unsuccessfully) to determine the status of her early relationship with Adam, Hannah walks by her future boyfriend’s bedroom to find him masturbating alone, in one of the strangest scenes of the first season. As Adam jerks off and refuses to let Hannah participate beyond telling him how much she likes watching, we see some serious (and odd) character development ... which ends with Hannah taking a hundred-dollar bill from Adam’s wallet, for cab fare and pizza (as well as her services).

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Marnie and Booth Jonathan, "Bad Friend"

Oh, Booth Jonathan -- the little man who “knows how to do things.” After he turns Marnie on enough to make her masturbate in the bathroom at the gallery where she works, Booth finally seals the deal in a mortifying and nearly painful to watch sex scene that tells us pretty much everything we need to know about how much Marnie is willing to fake it.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Tad and Loreen, "The Return"

The only sex scene in the series not to feature one of the main characters, Hannah’s parents’ showertime anniversary celebration is easily one of the most cringe-worthy moments of the show’s first season. Even Hannah’s mother, Loreen, observes how embarrassing the situation is, which ends with her husband, Tad, slipping out of the shower and falling naked and unconscious on the bathroom floor.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and the pharmacist, "The Return"

Tad and Loreen aren’t the only ones to get some during Hannah’s first season trip home to Michigan. The show’s protagonist finds herself in bed with a former high school classmate, who doesn’t exactly enjoy it when Hannah puts one of her fingers near his anus. “I’m tight like a baby, right?” Hannah asks at one point. Time to press pause.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and Adam, "Role-Play"

While it’s not quite a full-on, all-out sex scene, Hannah and Adam’s attempt at role play in Season 3 is certainly an intimate encounter to behold (or not). Hannah dons a blond wig and gets a little too into her role, giving a melodramatic performance that ends with a passerby punching Adam in the face. So there’s that.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Shoshanna and Ray, "Together"

As Shoshanna and Ray near the end of their relationship, we can see their sexual chemistry getting worse and worse. It’s no more evident than when Ray is penetrating a clothed and visibly horrified Shoshanna from behind, who ends the encounter by asking if her partner will just “get out of me.”

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and Frank, "Video Games"

Hannah, Jessa’s 19-year-old stepbrother, a graveyard and too much chatting. Need we say more about how uncomfortable this sex is to watch?

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Marnie and Desi, "Iowa"

Who gets her butt motorboated? Is this a real thing? Aside from the questionable logistics and reality of Marnie and Desi’s analingus scene, there’s also the awkward moment when Marnie confuses her partner’s declaration of love for licking her butthole with love for her. Oh, Marnie.

Previous

Next

13 of "Girls'" most cringeworthy sex scenes

Hannah and Adam, "Vagina Panic"

There is too much in this scene to dissect: fantasies of an 11-year-old girl with a Cabbage Patch lunchbox, excessive references to that little girl as a “slut” and Adam ripping off a condom to ejaculate on Hannah’s chest. No wonder it ends with Hannah saying she almost came.